Pereira v. Thompson

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• applying legal error standard to review of motion to strike where trial court’s grant of motion turned on predicate legal question of whether allegations were actionable under claim for legal malpractice
• proving legal malpractice “often requires expert evidence setting forth the appropriate standard of care owed by a reasonable attorney and how the defendant failed to uphold that standard”
• applying legal error standard to review of motion to strike where trial court’s grant of motion turned on predicate legal question of whether allegations were actionable under claim for legal malpractice
• “The exception must call the trial court’s attention to a specific objection and must not be too general.” (Internal quotation marks omitted; emphasis in original.)
• to prove a breach of an attorney’s duty to its client, “a jury often requires expert evidence setting forth the appropriate standard of care owed by a reasonable attorney and how the defendant failed to uphold that standard”
• “Whether a defendant had probable cause to initiate a proceeding is a question of law for the court if the facts or inferences are undisputed; if the facts are disputed, then a jury must decide the facts and the court must instruct the jury what facts constitute probable cause.”

Source: CourtListener parenthetical corpus (CC0).